Madras High CourtCRL OP(MD)/12742/2020dismissed

G.K.Yogalatha Mangesh v. The Commissioner Of Police

2020-12-04Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.12742 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.12742 of 2020 and Crl.M.P.(MD)No.5796 of 2020 G.K.Yogalatha Mangesh : Petitioner /Defacto Complainant Vs.

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Theppakulam Police Station, Madurai.

3. The Inspector of Police, Central Bureau of Investigation, Madurai Region, Madurai.

: Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent to withdraw the case in Crime Number 157 of 2020 dated 19.03.2020 and handover the same to the 3rd respondent.

For Petitioner : Mr.G.Thiruvarutselvan For Respondents : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent to withdraw the case in Crime Number 157 of 2020 dated 19.03.2020 and to transfer the same to the 3rd respondent. 2.This Court directed the learned Additional Public Prosecutor (Crl.side) to file a Status Report and the Status Report has been filed. Perusal of the same would go to show that after completion of investigation, the respondent police has filed the Final Report before the learned Judicial Magistrate No.I, Madurai, referring Crime No.157 of 2020 as "mistake of fact".

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Crl.O.P.(MD)No.12742 of 2020 3.Recording the same, this Criminal Original Petition is dismissed. If the petitioner is aggrieved, he is at liberty to approach the appropriate forum for his remedy. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Theppakulam Police Station, Madurai.

3. The Inspector of Police, Central Bureau of Investigation, Madurai Region, Madurai.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.12742 of 2020 and Crl.M.P.(MD)No.5796 of 2020 04.12.2020 MJ(CO) CS(30.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2